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SC allows the terminally ill or comatose people the right to die

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8 years ago

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SC allows the terminally ill or comatose people the right to die

The Supreme Court has allowed passive euthanasia in the country.

In a unanimous order on Friday, March 9, a five judge Constitution bench headed by Chief Justice of India (CJI) Dipak Misra recognised “living will” and laid down guidelines for its execution.

The SC bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said that the guidelines will be in force till legislation on the same is passed by Parliament.

The judges, who wrote four separate judgments expressing their views, were unanimous on allowing passive euthanasia and advance directives.

A ‘living will’ is made by a person, in a healthy, normal state of mind, specifying – for a situation when he/she is no longer able to express informed consent – whether or not he/she be kept alive purely on an artificial life support system in case of terminal illness or when in an irreversible vegetative state.

An advance directive is a document that enables competent persons to exercise their right to direct medical treatments in the event that they lose their decision making capacity. American Medical Association says there are two categories of advance directives: (1) a living will, which indicates the types of treatment that an individual wishes to receive or forgo under specified circumstances, and (2) a durable power of attorney for health care, which designates a proxy to make treatment decisions.

Passive euthanasia entails withdrawing artificial life support causing the death of a person who is in a permanent vegetative state, with no chance of recovery.

The court said advance directives for terminally-ill patients could be issued and executed by the next friend or relatives of the person after which a medical board would consider it, reported news agency PTI.

The court’s ruling came on a petition seeking recognition of a living will so that an individual could exercise the right to refuse medical treatment at a terminally ill stage of life.

While the Centre was in agreement on the question of allowing passive euthanasia, it opposed the concept of living will. Additional solicitor general PS Narasimha, representing the centre, told the court that consent for removal of artificial support may not be an informed one and could be misused in cases of the elderly.

He added that the government had already accepted the apex court’s ruling in the landmark Aruna Shanbaug case on 11 March 2011, which held that a specific category of relatives could seek permission from the court to opt for passive euthanasia on behalf of the person in cases of a terminally ill patient.

The apex court had ruled that such a request would have to be vetted by a medical board on the basis of which the concerned high court would decide whether to permit withdrawal of life support system or not.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law — Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.

The fundamental right to a “meaningful existence” includes a person’s choice to die without suffering, the apex court held on Friday.

The CJI’s judgment said the heart of the matter is whether law permits the acceleration of death without suffering.

Chief Justice Dipak Misra spoke about how societal pressure and fear of criminal liability by relatives and medical doctors ultimately led to the suffering and the undignified death of the patient.

The court said it was time to dispense with such shared suffering and sense of guilt and face reality. Doctors who attend the terminally-ill are under pressure and dither in letting the patient go, apprehending criminal liability and fear of being drawn into the “vortex” of a possible family struggle for inheritance.

Chief Justice Misra, in a common judgment with Justice AM Khanwilkar, said it was time to “alleviate the agony of an individual” and stand by his right to a dignified passing. A dignified death should follow a meaningful existence, the five-judge Bench agreed in a unanimous voice.

The Chief Justice’s judgment includes specific guidelines to test the validity of a living will, by whom it should be certified, when and how it should come into effect, etc. The guidelines also cover a situation where there is no living will and how to approach a plea for passive euthanasia.

Justice AK Sikri, in his separate opinion, said though religion, morality, philosophy, law and society share equally strong and conflicting opinions about whether right to life includes right to death, they all agree that a person should die with dignity.

Hence, the court, Justice Sikri said, is rightly in favour of the right to die with dignity.

Justice Sikri said an advance directive or living will from a patient to stop medical treatment at a particular stage — “particularly when he is brain dead or clinically dead or not revivable” — quells apprehensions of future regret for relatives and criminal action against doctors.

In a separate opinion, Justice Chandrachud observed that modern medical science should balance its quest to prolong life with the need to provide patients quality of life. One is meaningless without the other, Justice Chandrachud observed.

Justice Chandrachud said, “Life and death are inseparable. Every moment our bodies undergo change… life is not disconnected from death. Dying is a part of the process of living.”

Justice Chandrachud said the issue of death and when to die transcends the boundaries of law, but the court has intervened because it also concerns the liberty and autonomy of the individual.

He read from his judgment that the sanctity of life includes the dignity and autonomy of the individual. He said the search for a meaningful existence, the pursuit of happiness includes the exercise of free will.

“Free will includes the right of a person to refuse medical treatment,” Justice Chandrachud observed.

A person need not give any reasons nor is he answerable to any authority on why he should write an advanced directive.

But the judge held that active euthanasia is unlawful.

For this reason, he said the reasons given by a two-judge Bench of the Supreme Court in the Aruna Shanbaug case allowing passive euthanasia are “flawed” as the convoluted procedure to get a go-ahead for passive euthanasia makes the dignity of a dying person dependent on the whims and will of third parties.

“To deprive a person dignity at the end of life is to deprive him of a meaningful existence,” Justice Chandrachud read from his opinion he shared with Justice Ashok Bhushan.

Other countries where euthanasia is permitted

While euthanasia is still illegal in most parts of the United States, the doctors are allowed to prescribe lethal doses of medicine to terminally ill patients in five state — Washington DC, California, Colorado, Oregon and Vermont. Oregon was the first US state to legalise “assisted suicide”.  Australia has a system of ‘advance directive’ to allow citizens to decide how they would like to be treated in future, if they are incompetent to make a decision at that point. Euthanasia, in varying forms, is permitted in Belgium, Canada, and Sweden.

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Omar Abdullah hits back at BJP over Rs 100 crore legal notice, says party is hiding behind court

Omar Abdullah has responded to the BJP’s Rs 100 crore legal notice, accusing the party of avoiding political debate and announcing legal action against BJP leaders.

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13 hours ago

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July 13, 2026

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Jammu and Kashmir Chief Minister Omar Abdullah on Monday responded sharply after receiving a Rs 100 crore legal notice from the Bharatiya Janata Party (BJP), accusing the party of avoiding a political confrontation by taking the matter to court.

The BJP’s notice demands that Abdullah either apologise or provide evidence to support his allegation that BJP leaders had offered between Rs 20 crore and Rs 30 crore to National Conference (NC) legislators to persuade them to switch sides.

Omar Abdullah calls legal notice a ‘love letter’

Speaking to reporters in Srinagar, Abdullah said he had received an electronic copy of the legal notice and described it as a “love letter” from the BJP.

He said he viewed the notice as a sign that the BJP considered him a significant political opponent.

“I am perhaps the only politician who has been bestowed with a ‘love letter’ like this by the BJP. I consider this a mark of respect that I am obviously a political force they cannot ignore,” Abdullah said.

Says BJP chose court over political response

Abdullah criticised the BJP for pursuing legal action instead of responding politically to his allegations.

He said he deliberately made the remarks at a political event rather than in the Assembly, where statements are protected from legal challenge, because he expected a political rebuttal.

According to Abdullah, the BJP’s decision to approach the court reflected its style of handling political disputes.

National Conference to initiate legal action

The Chief Minister also announced that the National Conference would begin issuing legal notices to BJP leaders in Jammu and Kashmir over what he described as unfounded and defamatory allegations against his party.

He said senior BJP leaders had been making slanderous remarks against the National Conference over the past few months and that the party would now respond through legal channels.

Abdullah added that the National Conference would serve legal notices to those leaders and see how the legal process unfolds.

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PM Modi to visit Punjab on July 17, launch railway projects as BJP prepares for solo poll battle

Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate the redeveloped Jalandhar Cantonment Railway Station and launch key railway projects as the BJP prepares to contest future elections independently in the state.

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July 13, 2026

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Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate and lay the foundation for multiple railway projects, marking his first visit to the state since the Bharatiya Janata Party (BJP) decided to contest future elections independently in Punjab.

During the visit, the Prime Minister will inaugurate the redeveloped Jalandhar Cantonment Railway Station, which has been modernised under the Centre’s Amrit Bharat Station Scheme. The 110-year-old station is among 75 railway stations across the country scheduled to be inaugurated as part of the government’s railway modernisation programme.

The redevelopment aims to improve passenger amenities, enhance station accessibility and transform railway stations into modern transport hubs.

New train service between Jalandhar and Varanasi

Apart from inaugurating the upgraded station, PM Modi will also lay the foundation stone for the Shri Guru Ravidass Ji Maharaj Express, a new train service connecting Jalandhar and Varanasi.

Named after Guru Ravidass Ji Maharaj, the train is intended to strengthen connectivity between Punjab and Varanasi, where the revered saint spent a significant part of his life. Guru Ravidass is widely respected for promoting equality and social justice, and his teachings continue to hold special significance in Punjab, particularly among the Scheduled Caste community.

Visit comes amid changing political landscape

The Prime Minister’s visit comes at a time when political activity has intensified in Punjab ahead of the upcoming Assembly elections.

The BJP recently announced that it would contest future elections in Punjab without entering into alliances, making this visit politically significant as the party seeks to strengthen its independent presence in the state.

Party leaders have projected the visit as development-focused, highlighting infrastructure initiatives and improved connectivity. In social media posts, Punjab BJP leaders welcomed the Prime Minister and described the visit as an important occasion for the state.

Security and preparations underway

Authorities have stepped up preparations for the Prime Minister’s programme in Jalandhar. Security arrangements are being reviewed while logistical preparations at the railway station are underway to ensure the smooth conduct of the visit.

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Rs 1,160 crore rice diversion case widens, 56 mills and 22 ethanol plants under investigation

Authorities have expanded the alleged Rs 1,160 crore government rice diversion investigation, bringing 56 rice mills and 22 ethanol plants under scrutiny over suspected misuse of subsidised rice meant for ethanol production.

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13 hours ago

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July 13, 2026

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Government agencies have widened their investigation into an alleged Rs 1,160 crore rice diversion case, bringing 56 private rice mills and 22 ethanol plants across 17 districts under scrutiny. The probe is focused on determining whether subsidised government rice allocated for ethanol production was diverted through private mills instead of being used for its intended purpose.

Investigation expands after truck found at private rice mill

The investigation began after a truck transporting government rice from a Food Corporation of India (FCI) warehouse to an ethanol plant was allegedly found inside a private rice mill. What initially appeared to be an isolated incident has now expanded into a multi-district probe involving 17 seized trucks, over 50 witness statements and multiple accused.

Authorities are trying to establish how much of the nearly 5 lakh metric tonnes of government rice supplied to ethanol plants was actually converted into ethanol and whether a portion of it was diverted before returning to government warehouses.

Alleged circular trade under investigation

Investigators suspect that subsidised rice supplied to ethanol plants at around Rs 2,320 per quintal may have been sold to private rice mill operators at higher prices instead of being processed into ethanol.

According to the investigation, the rice was allegedly repacked by private mills and deposited back into government warehouses as custom-milled rice. Officials are also examining whether the original paddy supplied for milling was sold separately in the open market or transported to other states, potentially allowing multiple profits from the same stock.

Authorities believe the alleged arrangement, if established, could have enabled financial gains at several stages while avoiding actual ethanol production.

Officials examining monitoring failures

The investigation is also looking into whether lapses in monitoring or possible collusion allowed government rice to re-enter official warehouses without proper verification.

Officials are checking whether rice previously released under the ethanol scheme was accepted again as newly milled stock through the custom milling system.

Police register FIR, arrest four accused

Balaghat Superintendent of Police Aditya Mishra said the case began after authorities received information about three trucks carrying government rice from FCI warehouses to the AVJ Agrico ethanol plant. During a joint inspection by Revenue, Food and Police officials, one truck was allegedly found inside Sancheti Rice Mill, leading to the registration of an FIR for cheating.

A Special Investigation Team (SIT) comprising 20 to 25 members was subsequently formed.

According to the police, investigators have so far:

  • Arrested four people
  • Identified more than 13 accused
  • Recorded statements of over 50 witnesses
  • Issued notices to 56 rice mills
  • Seized 17 trucks
  • Obtained non-bailable warrants against two individuals

Police said the investigation remains ongoing and further action will be taken based on new evidence.

Production records and transport data under verification

Investigators are comparing FCI dispatch records with ethanol production data, transport logs, warehouse receipts and custom milling records.

Authorities are also examining production capacity, electricity consumption, machinery usage and raw material records at ethanol plants to verify whether the quantity of rice supplied matches actual ethanol output.

Similar verification is underway at rice mills to determine whether their claimed milling operations correspond with electricity consumption, labour deployment and machinery records.

Use of fortified rice raises additional questions

The case has drawn additional attention because the grain under scrutiny was fortified rice, which is enriched with iron, folic acid and Vitamin B12 to help address anaemia and malnutrition among children, pregnant women and adolescent girls.

Investigators are examining why fortified rice was supplied for ethanol production when distilleries generally use broken rice as feedstock. They are also looking into whether FCI followed stock rotation norms while allocating rice under the scheme.

Collector sought wider scrutiny

Confidential communications from the Balaghat Collector reportedly recommended verification of whether rice released for ethanol production actually reached the designated plants. The Collector also sought scrutiny of the allocation process, transportation chain, utilisation certificates and the roles of FCI officials, ethanol companies, transporters and rice mill owners.

The investigation currently covers nearly 5 lakh metric tonnes (50 lakh quintals) of government rice, valued at approximately Rs 1,160 crore at the subsidised allocation price.

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